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Regular Session, 2011
HOUSE BILL NO. 537
BY REPRESENTATIVE TUCKER AND SENATOR APPEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HIGHER EDUCATION: Provides for the transfer of UNO from the LSU System to the UL
System and specifies goals for the postsecondary education delivery system for the
New Orleans region
AN ACT1
To amend and reenact R.S. 17:3217, to enact R.S. 17:3230 and Part III-A of Chapter 26 of2
Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:3241,3
and to repeal R.S. 17:3215(2), relative to postsecondary education; to provide for the4
transfer of the University of New Orleans to the University of Louisiana System; to5
provide relative to the transfer of the facilities, resources, funds, obligations, and6
functions of the institution and related foundations; to provide for the transition7
responsibilities of the impacted institution and management boards and the division8
of administration; to provide for cooperative agreements; to provide relative to9
accreditation issues; to provide relative to funding; to provide relative to employees;10
to provide for effectiveness; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 17:3217 is hereby amended and reenacted and R.S. 17:3230 and Part13
III-A of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised14
of R.S. 17:3241, are hereby enacted to read as follows:15
§3217. University of Louisiana system System16
The University of Louisiana system System is composed of the institutions17
under the supervision and management of the Board of Trustees for State Colleges18
and Universities Board of Supervisors for the University of Louisiana System as19
follows:20
(1) Grambling State University at Grambling.21 HLS 11RS-893 REENGROSSED
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(2) Louisiana Tech University at Ruston.1
(3) McNeese State University at Lake Charles.2
(4) Nicholls State University at Thibodaux.3
(5) Northeast Louisiana University of Louisiana at Monroe.4
(6)(5) Northwestern State University of Louisiana at Natchitoches.5
(7)(6) Southeastern Louisiana University at Hammond.6
(8) University of Southwestern Louisiana at Lafayette.7
(7) The University of Louisiana at Lafayette.8
(8) The University of Louisiana at Monroe.9
(9) The University of New Orleans.10
(9) (10) Any other college, university, school, institution or program now or11
hereafter under the supervision and management of the Board of Trustees for State12
Colleges and Universities Board of Supervisors for the University of Louisiana13
System.14
* * *15
§3230. The University of New Orleans; transfer to the University of Louisiana16
System17
A.(1) Not later than August 1, 2011, the chancellor of the University of New18
Orleans shall submit a letter to the president of the Southern Association for Colleges19
and Schools, Commission on Colleges, stating his intent for a change in governance20
for the institution from the Board of Supervisors of Louisiana State University and21
Agricultural and Mechanical College to the Board of Supervisors for the University22
of Louisiana System.23
(2) The chancellor, faculty, and administration of the University of New24
Orleans shall take every action necessary to efficiently and expeditiously comply25
with all established timelines, requirements, and procedures to ensure that the26
requested change of governance may be effected immediately upon receipt of27
commission approval.28
B.(1) Pursuant to the authority granted to the legislature by Article VIII,29 HLS 11RS-893 REENGROSSED
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Section 5(D)(3) of the Constitution of Louisiana to transfer an institution from one1
board to another by law enacted by two-thirds of the elected members of each house,2
the University of New Orleans, and the assets, funds, obligations, liabilities,3
programs, and functions related thereto, are hereby transferred to the University of4
Louisiana System and shall be under the management and supervision of the Board5
of Supervisors for the University of Louisiana System.6
(2) The provisions of this Subsection shall become effective immediately7
upon receipt of approval from the Southern Association for Colleges and Schools,8
Commission on Colleges, for the requested change in governance.9
C. The Board of Supervisors for the University of Louisiana System shall10
develop policies and procedures to resolve issues related to the status and tenure of11
employees of the University of New Orleans which may arise from the transfer of12
the institution to the University of Louisiana System.13
D. The Board of Supervisors of Louisiana State University and Agricultural14
and Mechanical College shall:15
(1) Continue to exercise its authority to supervise and manage the University16
of New Orleans until such time as the Southern Association for Colleges and17
Schools, Commission on Colleges, grants approval for the requested change in18
governance and transfer of the University of New Orleans to the University of19
Louisiana System.20
(2)(a) Work cooperatively and collaboratively with the Board of Supervisors21
for the University of Louisiana System to ensure that the requested transfer may be22
effected immediately upon receipt of commission approval for the change in23
governance.24
(b) Prior to receipt of such approval, enter into agreements to transfer as25
many administrative and supervisory functions as possible with respect to the26
University of New Orleans to the University of Louisiana System without adversely27
impacting the accreditation status of the institution.28
(3) Upon receipt of such approval, immediately transfer all assets, funds,29 HLS 11RS-893 REENGROSSED
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facilities, property, obligations, liabilities, programs, and functions relative to the1
University of New Orleans to the University of Louisiana System.2
E. The Board of Supervisors of Louisiana State University and Agricultural3
and Mechanical College shall not:4
(1) Interfere with, or impede in any way, the processes to transfer the5
University of New Orleans to the University of Louisiana System.6
(2) Sell, transfer, or otherwise remove any asset or thing of value, movable7
or immovable, tangible or intangible, attributable to or owned by the University of8
New Orleans, or owned, leased by, or operated by any foundation related to such9
institution on the effective date of this Section. In addition, access to any asset10
leased to any foundation related to the University of New Orleans shall not be11
restricted or denied.12
(3) Incur, transfer, or assign any debt or other responsibility or obligation to13
the University of New Orleans that is not properly attributable to the institution on14
the effective date of this Section.15
(4)(a) Disproportionately reduce or reallocate the level of funding that would16
otherwise be allocated to the University of New Orleans pursuant to the17
postsecondary education funding formula.18
(b) Until such time as the University of New Orleans is transferred to the19
University of Louisiana System, no budget reductions or changes in funding20
allocations shall be imposed upon the institution without prior review and approval21
from the Joint Legislative Committee on the Budget.22
(5) Take any personnel action with regard to any instructional or23
administrative employee of the University of New Orleans without the prior approval24
of the Board of Regents.25
F. The commissioner of administration shall ensure that sufficient funds and26
resources are available to fully effect the transfer of the University of New Orleans27
to the University of Louisiana System.28
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PART III-A. POSTSECONDARY EDUCATION DELIVERY SYSTEM FOR1
THE NEW ORLEANS REGION2
§3241. Legislative intent; goals3
A. It is the intent of the legislature that a comprehensive, integrated regional4
delivery system be provided for the delivery of public postsecondary education5
services in the New Orleans region which system will:6
(1) Provide a world class educational environment that will meet the7
academic needs and interests of every student, while providing each student with the8
support, assistance, and guidance necessary to attain his or her educational goals and9
aspirations.10
(2) Ensure that students who are academically unprepared are provided the11
educational resources they need to have a reasonable chance for success in their12
academic pursuits.13
(3) Raise the educational attainment of the population, improve the quality14
of life, and contribute to the economic well being of the New Orleans region.15
(4) Make optimal use of facilities, faculties, and other academic and fiscal16
resources associated with the public postsecondary institutions in the region.17
B. The legislature finds that these goals will best be accomplished through18
the following actions:19
(1) The Board of Regents shall adopt by not later than February 1, 2012, a20
written plan of action including timelines, deadlines, requirements, and procedures21
for achieving the goals specified in Subsection A of this Section as such goals relate22
to the powers, duties, functions, and responsibilities of the board provided by Article23
VIII, Section 5, of the Constitution of Louisiana and other applicable law. The board24
shall submit copies of the adopted action plan to the House Committee on Education25
and the Senate Committee on Education.26
(2) The Board of Supervisors of Southern University and Agricultural and27
Mechanical College, the Board of Supervisors for the University of Louisiana28
System, and the Board of Supervisors of Community and Technical Colleges each29 HLS 11RS-893 REENGROSSED
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shall adopt by not later than February 1, 2012, a written plan of action including1
timelines, deadlines, requirements, and procedures for achieving the goals specified2
in Subsection A of this Section as they relate to the powers, duties, functions, and3
responsibilities of the boards provided by Article VIII, Section 5(E), of the4
Constitution of Louisiana and other applicable law. Each board also shall submit5
copies of its adopted action plan to the House Committee on Education and the6
Senate Committee on Education.7
Section 2. R.S. 17:3215(2) is hereby repealed.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tucker HB No. 537
Abstract: Provides for the transfer of the University of New Orleans from the Louisiana
State University System to the University of Louisiana System, states legislative
findings relative to goals for the postsecondary education delivery system for the
New Orleans Region, and requires the Board of Regents and three public
postsecondary education management boards to develop written action plans to best
accomplish these goals.
Proposed law provides for the transfer of the University of New Orleans (UNO) from the
Louisiana State University (LSU) System to the University of Louisiana (UL) System as
follows:
(1)Requires the chancellor of UNO to submit a letter to the president of the Southern
Association for Colleges and Schools, Commission on Colleges (SACS), not later
than Aug. 1, 2011, stating his intent for a change in governance from the Board of
Supervisors of the LSU System to the Board of Supervisors for the UL System.
(2)Requires the chancellor, faculty, and administration of UNO to take every action
necessary to efficiently and expeditiously comply with all SACS timelines,
requirements, and procedures to ensure that the requested change of governance may
be effected immediately upon receipt of commission approval.
(3)Transfers UNO to the UL System, pursuant to the authority granted to the legislature
by the La. Constitution to transfer an institution from one board to another by law HLS 11RS-893 REENGROSSED
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enacted by two-thirds of the elected members of each house. Also transfers the
assets, funds, obligations, liabilities, programs, and functions related to the
institution.
(4)Requires the Board of Supervisors for the UL System to develop policies and
procedures to resolve issues related to the status and tenure of UNO employees
which may arise from the transfer.
Provides that the LSU Board of Supervisors shall:
(1)Continue to exercise its authority to supervise and manage UNO until such time as
SACS grants approval for the requested change in governance and transfer of the
institution to the UL System.
(2)Work cooperatively and collaboratively with the UL System board to ensure that the
transfer may be effected immediately upon receipt of SACS approval.
(3)Enter into agreements to transfer as many UNO administrative and supervisory
functions as possible to the UL System, prior to receipt of SACS approval, without
adversely impacting the accreditation status of the institution.
(4)Immediately transfer all assets, funds, facilities, property, obligations, liabilities,
programs, and functions relative to UNO to the UL System, upon receipt of SACS
approval for the transfer.
Provides that the LSU Board of Supervisors shall not:
(1)Interfere with or impede in any way the processes to transfer UNO to the UL System.
(2)Sell, transfer, or otherwise remove any asset or thing of value, movable or
immovable, tangible or intangible, attributable to or owned by UNO, or owned,
leased by, or operated by any foundation related to UNO on the effective date of
proposed law. Further provides that access to any asset leased to any foundation
related to UNO shall not be restricted or denied.
(3)Incur, transfer, or assign any debt or other responsibility or obligation to UNO that
is not properly attributable to either institution on the effective date of proposed law.
(4)Disproportionately reduce or reallocate the level of funding that would otherwise be
allocated to UNO pursuant to the postsecondary education funding formula.
Provides that until UNO is transferred to the UL System, no budget reductions or
changes in funding allocations for the institution shall be imposed without prior
review and approval from the Joint Legislative Committee on the Budget.
(5)Take any personnel action with regard to any instructional or administrative
employee of UNO without the prior approval of the Board of Regents.
Proposed law requires the commissioner of administration to ensure that sufficient funds and
resources are available to fully effect the transfer of UNO to the UL System.
Present law (R.S. 17:3215(2)) places UNO in the LSU System.
Proposed law repeals present law.
Proposed law (R.S. 17:3241) states legislative intent that a comprehensive, integrated
regional delivery system be provided for the delivery of public postsecondary education
services in the New Orleans region. Specifies delivery system goals and requires the Board
of Regents and the management boards for the UL System, Southern University System, and HLS 11RS-893 REENGROSSED
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Community and Technical College System to adopt (by not later than Feb. 1, 2012) written
action plans to accomplish the goals. Provides for the adopted action plans to be submitted
to the legislative education committees.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3217; Adds R.S. 17:3230 and 3241; Repeals R.S. 17:3215(2))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changes proposed law to provide for the transfer of UNO from the LSU System
to the UL System, state legislative findings relative to goals for the
postsecondary education delivery system for the New Orleans Region, and
require the Board of Regents and three public postsecondary education
management boards to develop written action plans to best accomplish these
goals rather than to provide for the consolidation of SUNO and UNO and for
management of the consolidated institution by the UL System.